A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 26, 2008, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of road traffic law (driving), and on June 25, 2014 to a fine of KRW 7,00,000 to a fine of KRW 1,50,000 to a fine for a violation of road traffic law (driving of alcohol) in the Jung-gu District District Court Goyang Branch.

On December 4, 2015, around 23:15, the Defendant driven BMW 528i car under the influence of alcohol concentration from approximately 300 to about 0.071% from the 300-ro, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, to the 315-ro, Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul Special Metropolitan City.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, report on the situation of driving of drinking and report on the situation of the driver of drinking;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to previous decisions) and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006);

1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);